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RESOLUT ION NO. 92] 2
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY
ON DRUG TESTING OF APPLICANTS FOR EMPLOYMENT.
WHEREAS, the Mayor and Common Council desire to protect the
safety of persons and property within the City, provide a safe
working environment for City employees, provide the highest
quality of public service, and prevent loss of public confidence
and damage to the City's reputation,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The City of San Bernardino Policy on Drug
Testing of Applicants for Employment, attached hereto and
incorporated herein as Exhibit "A," is hereby adopted.
SECTION 2. Said Policy shall be printed and available to
applicants for the applicable positions in both English and
Spanish.
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DCR/ses/Drugs.res 1 January 10. 1992
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY
ON DRUG TESTING OF APPLICANTS FOR EMPLOYMENT.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
adjourned
Bernardino at an reqular meeting thereof, held on the 21st
day of
Januarv
, 1992, by the following vote, to wit:
AYES
Approved as to
22 form and legal content:
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Council Members:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
of
JAMES F. PENMAN,
City Attorney
(;',
By: ik'YY1 wJ L
,V
DCR/ses/Drugs.res
'1
,/ -
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NAYS
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ABSTAIN
ABSENT
CCZ~ ~
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2
24th
day
The foregoing resolution is hereby approved
January , 1992. ---;-' -,
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W. . R ~ Hol.comb, Mayor
City of~an Be ardino
,
January 10. 1992
.1
City of sn Bdno
Res.' 92-1.2
CITY OF SAN BERNARDINO
POLICY ON DRUG TESTING OF
APPLICANTS FOR EMPLOYMENT
I. PURPOSE
The purpose of this document is to out1.ine the CITY OF SAN
BERNARDINO's policy regarding drug testing of applicants for
employment in certain positions to accomplish the following goals:
A. To protect the safety of persons and property;
B. To provide a safe working environment for City employees;
C. To provide the highest quality of public service;
D. To prevent loss of public confidence and damage to the
City's reputation.
II. TESTING OF APPLICANTS FOR EMPLOYMENT OR RE-EMPLOYMENT
A. All applicants for employment or re-employment in the
following posi tions shall undergo pre-employment substance
screening:
1. Police safety;
2. Fire safety;
3. Coach Operator; and,
4. The following positions requiring the operation of
heavy or dangerous equipment:
Heavy Equipment Operator, Park
Maintenance Worker III, Motor Sweeper Operator, Refuse Operator,
Maintenance Worker II and Lead Maintenance Worker.
DCR/ses/Drug-Pol.App
1
January 10. 1992
. .,
B. All pre-employment physical examinations for such
positions shall include a screening test for evidence of the use of
the fOllowing drugs:
l. Marijuana;
2. Cocaine;
3. Opiates;
4. Amphetamines; and
5. Phencyclidine.
C. All job announcements or other promotional material for
said positions shall specify that a drug screening shall be a part
of the pre-employment physical.
D. Only applicants under final consideration shall be given
a drug screening test, and only in conjunction with the regular
pre-employment physical examination.
III. TESTING PROCEDURE
A. All applicants for said positions participating in pre-
employment physical examinations shall be given a copy of this
policy at the time of their physical examination, and shall, as a
prerequisite to employment, sign a consent form and submit to pre-
employment substance screening. Any applicants who do not consent
to such screening will not be considered for employment.
B. Applicants shall be required at the pre-employment
physical examination to declare in writing what types of medication
they have taken in the thirty (30) days prior to the testing.
DCRlses/Drug-Pol.App
2
January 10. 1992
" I
C. The threshold level for determination of an applicant
being under the influence of drugs shall be established in
accordance with generally accepted medical procedures.
D. All substance testing shall be done by laboratories
certified by the National Institute of Drug Abuse (NIDA).
E. In testing for the presence of illegal drugs, the City
shall submit the first specimen for testing using an immunochemical
assay or radioimmunoassay test on the applicant's urine. If the
initial test is positive for an illegal drug, the same specimen
shall be subjected to a confirmatory test using the gas
chromatography, thin layer chromatography or gas chromatog-
raphy/mass spectrometry method (GC/MS) for verification.
F. If a second test of the same sample yields positive
resul ts, the applicant shall be so notified by the examining
physician and given an opportunity to present bona fide
verification of a current valid prescription in the applicant's
name for any potentially impairing drug or medication identified in
the positive drug screen. If the applicant fails to present such
evidence, or if the prescription is for a medication that would not
produce the results obtained in the test, the examining physician
shall so notify the applicant give the applicant an opportunity to
withdraw his/her application for employment.
G. If, after a second positive result, the applicant does
not withdraw his/her application for employment, he/she shall be
determined by the physician to be physically unfit for employment,
and said determination shall be forwarded to the Civil Service
DCR/ses/Drug-Pol,App
3
January 10, 1992
. .
Chief Examiner for the City. Such applicants shall be disqualified
for employment.
H. Any applicant disqualified for employment pursuant to
this policy shall be permitted an opportunity to re-apply after six
(6) months.
IV. CONFIDENTIALITY
A. Confidentiality is an essential element of this policy.
B. All records pertaining to drug testing of an applicant
shall be kept confidential by the examining physician.
C. The results of any testing done pursuant to this policy
shall be used for employment purposes only, and shall not be
released for use in the criminal justice system.
D. Absent the applicant's consent, test results may not be
disclosed to City, unless the applicant puts said results at issue
in any action involving the City.
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Name of Applicant:
I hereby acknowledge that I have received the City of San
Bernardino Policy on Drug and Alcohol Testing of Applicants for
Employment, and I fully understand that I will be expected to
comply with its provisions. I further understand that my refusal
to comply with said Policy will disqualify me for employment.
Dated:
App1icant's Signature
DCR/ses/Drug-Pol.App
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January 10. 1992
"
CONSENT FOR DRUG TESTING
I hereby authorize
to
(Name of Hospital or Clinic)
collect from me the following specimens
(Blood. Breath, Urine or other)
and to conduct tests on such samples to determine the presence of drugs,
their metabolites, or other substances that violate the San Bernardino
POlicy on Drug Use,
I hereby authorize Doctor
to conduct a
(Name of Doctor)
examination on me.
(Physical and/or Psychological)
I understand that the results of such tests will be kept
confidential by the medical facility unless I consent to their release.
This consent is effective immediately and shall remain in effect
until I understand that if I refuse to
(Date)
consent to such examination and/or tests or sign this form, I will not
be considered for employment with the City of San Bernardino.
CONSENT GIVEN:
.\pplicant's Name (print)
Date
Applicant's Signature
Witness Signature
Date
CONSENT REFUSED
Applicant's Name (print)
Date
Applicant's Signature
Explanation for refusal, if any:
Date
Witness Signature
DCR/ses/Drug-Pol,App
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January 10. 1992